SB5 in Texas: Round Two “Uppercut”
The ink hadn’t even dried on Governor Abbott’s veto of SB3 before Texas lawmakers slipped on their gloves and climbed back into the ring. And for the thousands of Texans—lawyers, veterans, farmers, and small business owners—who went all in to kill the first round, SB5 feels like stepping into the cage with Derrick Lewis: loud, fast, and over before you can throw a punch.
The First Fight – SB3
SB3 was a gut punch to the state’s booming hemp economy. It aimed to ban any detectable amount of THC in consumable hemp products—Delta‑8, THCA, even trace elements in CBD oils. No exceptions, no compromise. But Governor Greg Abbott, perhaps surprising some, vetoed the bill on June 22, 2025. He cited constitutional concerns, federal overreach, and a desire for “regulation, not prohibition.” It was a rare win for the underdogs.
Behind the scenes, hundreds of stakeholders worked around the clock to sink that bill. Letters were written, businesses organized, legal threats were drafted. A small army of advocates made their case, and they won—temporarily.
The Comeback Nobody Wanted – SB5
Cue SB5, filed July 21 in the special session by Sen. Charles Perry. It’s SB3 dressed in the same uniform, just with shinier shoes. Once again, it proposes a blanket ban on any intoxicating cannabinoids other than CBD or CBG. Products containing any detectable THC—natural or synthetic—would be outlawed. The only thing it leaves behind is the illusion of choice.
The bill sailed through the State Affairs Committee with a 10-0 vote. It’s now heading to the full Senate, and unless lightning strikes twice, it’s looking like an unstoppable freight train.
The Vibe on the Ground
For the people who helped kill SB3, this moment feels surreal. Like fighting a ghost you already buried. Businesses that sell compliant THCA flower or Delta-8 edibles are now bracing—again—for whiplash. Advocacy groups are reassembling, planning rallies in cities like San Antonio. They’re tired, sure, but not done.
The biggest difference this time? Abbott’s tone. He still opposes criminalizing businesses retroactively, but he’s thrown support behind banning these products for anyone under 21 and has called synthetic cannabinoids a public safety risk. It’s a pivot, but not a full retreat.
The Stakes
Texas is home to an estimated 8,000 hemp retailers. Many of them depend on these “intoxicating” but federally legal compounds to survive. SB5 would effectively wipe out 90% of their shelf space. This isn’t just a bill—it’s an extinction-level event for a big chunk of the market.
If it passes, expect a flood of lawsuits. Industry insiders are already prepping legal challenges, citing conflicts with the 2018 Farm Bill and recent wins in states like Arkansas. But lawsuits take time, and the market doesn’t wait.
Final Round?
The special session ends around August 19. SB5 is likely to pass the Senate, and the House may try to temper it with amendments or an alternate regulatory framework. But make no mistake—this is Texas politics at full throttle.
For those who thought SB3 was the final boss, SB5 is the respawned version with cheat codes. Whether or not it lands a knockout blow depends on how many of those fighters from Round One are willing to get back in the ring.
And right now, they’ve got about three weeks to throw hands.
